13 Wis. 600 | Wis. | 1861
By the Court,
This action was for a breach of warranty in the sale of a horse. The complaint was criticised somewhat by the counsel for the appellant, upon the ground that it did not sufficiently appear whether the action was for a breach of warranty or for fraud and deceit. No question was made as to the sufficiency of the complaint in the court below, and we think it sufficiently sets forth a cause of. action for a breach of warranty to sustain the judgment, if there is no other objection to it.
The principal question arises upon the instruction given at the request of the plaintiff’s counsel. It was that if the jury found that the defendant told the plaintiff that the horse was “ all right,” to induce the plaintiff to purchase, and that the plaintiff relied on the assertion of the defendant, “then it
The court submitted the questions of fact fairly to the jury, and gave all the instructions asked by the defendant’s counsel except one.
That one was, “that if the jury find from the evidence, that the defendant did not intend to warrant the mare, then the plaintiff cannot recover,” &c. The court modified this by striking out the words “intend to,” so that it would read, “if the defendant did not warrant the mare,” &c. We think this also was correct. The question for the jury was, whether there was a warranty, and this was left to them under proper instructions as to what would amount to a warranty. If they should find that the defendant made such representations as would amount to a warranty, if relied on, of course this effect could not be defeated by any secr’et intentions he
We see no error, and tbe judgment is affirmed, with costs.